(A) Eligibility for a certificate to
recommend medical marijuana requires that all of the following requirements be
met:
(1) The applicant holds
an active, unrestricted license to practice medicine and surgery or osteopathic
medicine and surgery under section 4731.14, 4731.11, or 4731.299 of the Revised
Code;
(2) The applicant has
been granted access to and is not under any prohibition for access to the drug
database established and maintained by the board of pharmacy pursuant to
section 4729.75 of the Revised Code.
(3) The applicant holds
an active registration with the drug enforcement administration
(4) The applicant has not
been denied a license to prescribe, possess, dispense, administer, supply, or
sell a controlled substance by the drug enforcement administration or
appropriate issuing body of any state or jurisdiction, based, in whole or in
part, on the applicant's inappropriate prescribing, personally furnishing,
dispensing, administering, supplying or selling a controlled substance or other
dangerous drug.
(5) The applicant has not
held a license issued by the drug enforcement administration or a state
licensing administration in any jurisdiction, under which the person may
prescribe, personally furnish, dispense, possess, administer, supply or sell a
controlled substance, that has ever been restricted, based, in whole or in
part, on the applicant's inappropriate prescribing, dispensing,
administering, supplying, or selling a controlled substance or other dangerous
drug.
(6) The applicant has not
been subject to disciplinary action by any licensing entity that was based, in
whole or in part, on the applicant's inappropriate prescribing,
personally furnishing, dispensing, diverting, administering, supplying or
selling a controlled substance or other dangerous drug.
(7) The applicant has
completed at least two hours of continuing medical education in a course or
courses certified by the Ohio state medical association or the Ohio osteopathic
association that assist physicians in both of the following:
(a) Diagnosing qualifying medical conditions as defined in
section 3796.01 of the Revised Code;
(b) Treating qualifying medical conditions with medical
marijuana, including the characteristics of medical marijuana and possible drug
interactions.
(8) The applicant has no
ownership or investment interest in or compensation agreement with any medical
marijuana entity licensed or applicant seeking licensure under Chapter 3796. of
the Revised Code.
(B) An applicant for a certificate to
recommend medical marijuana shall file an application under oath with the board
in compliance with section 4731.30 of the Revised Code.
(1) An application shall
be considered complete when all the following requirements are
met:
(a) Evidence of all the requirements in paragraph (A) of this
rule are received by the board.
(b) The board is not conducting an investigation pursuant to
section 4731.22 of the Revised Code of evidence appearing to show that the
applicant has violated section 4731.22 or 4731.30 of the Revised Code or
applicable rules adopted by the board.
(2) The application shall
be processed in accordance with the following:
(a) All application materials submitted to the board will be
thoroughly investigated. The board may contact individuals, agencies, or
organizations for information about applicants as the board deems necessary. As
part of the application process, an applicant may be requested to appear before
the board or a board representative to answer questions or provide additional
information.
(b) Any applicant to whom the board proposes to deny certificate
issuance shall be entitled to a hearing on the issue of such proposed denial in
compliance with the provisions of Chapter 119. of the Revised Code and the
rules in Chapter 4731-13 of the Administrative Code.
(c) No application for a certificate to recommend medical
marijuana may be withdrawn without the approval of the board.
(3) The following
processes apply when an application is not complete within six months of the
date the application is received by the board:
(a) If the application is not complete because required
information, facts, or other materials have not been received by the board, the
board may notify the applicant that it intends to consider the application
abandoned if the application is not completed.
(i) The notice shall
specifically identify the information, facts, or other materials required to
complete the application and inform the applicant that the information, facts,
or other materials must be received by the specified deadline date. The notice
shall also inform the applicant that if the application remains incomplete at
the close of business on the deadline date the application may be deemed to be
abandoned.
(ii) If all of the
information, facts, or other materials are received by the board by the
deadline date and the application is determined to be complete, the board shall
process the application and may require updated information as it deems
necessary.
(b) If the application is not complete because the board is
investigating, pursuant to section 4731.22 of the Revised Code, evidence
appearing to show that the applicant has violated Chapter 4731. of the Revised
Code or applicable rules adopted by the board, the board shall do both of the
following:
(i) Notify the applicant
that although otherwise complete, the application will not be processed pending
completion of the investigation; and
(ii) Upon completion of
the investigation and the determination that the applicant is not in violation
of statute or rule, process the application, including requiring updated
information as it deems necessary.
(C) The certificate to recommend shall be
renewed when the holder's license to practice as a physician or
osteopathic physician is renewed or restored, conditioned upon the
holder's certification of having met all of the following requirements:
(1) The requirements
in paragraphs (A)(1) to (A)(6) and (A)(8) of this rule; and
(2) The annual
completion of at least two hours of continuing medical education in a medical
marijuana course or courses approved by the board by meeting both of the
following requirements:
(a) The course assists physisicans holding
certificates to recommend in both diagnosing qualifying medical conditions as
defined in section 3796.01 of the Revised Code and treating the qualifying
medical conditions with medical marijuana; and
(b) The requirements of paragraph (A)(1) or
(A)(2) of rule 4731-10-02 of the Administrative Code.
(D) The board shall notify the division
of marijuana control if a physician's certificate to recommend is lapsed,
surrendered, suspended, revoked or otherwise not renewed.